Driving Convictions Declaration - how long?

[xrchris]

A speeding offence is a criminal conviction. You either pay a fixed penalty, or you go to a Magistrates' Court and are convicted. Magistrates' Courts only deal with criminal offences. It it were not a criminal offemce, then the Rehabilitation of Offenders Act would not apply.

 

However, it is an non-recordable offence. This means that although you have a criminal conviction you do not have a criminal record in the normal sense.

 

Oops got confused by the non-recordable part, dont think my morning coffee had kicked in.

[patdavies]

Sorry Pat but your are wrong. Magistrates Courts also deal with Family Matters which can be commenced in both the Mags and County.

 

County Courts do not deal with Criminal Matters.

 

To split hairs, I believe that family matters are dealt with in Family Courts, which may be presided over by Mags, and are a division of Mags Court, but not in open Mags' Court.

[Allyxia]

now that my field

 

Family courts are held in Mag courts but have specialist judges, are held on special dates and are closed from public.

 

They are classified as family court in their own rights!!

 

Yeay I can give my two pence worth in!!!

[dw190]

To split hairs, I believe that family matters are dealt with in Family Courts, which may be presided over by Mags, and are a division of Mags Court, but not in open Mags' Court.

 

Agreed.

 

I attended one last year. There were three JP's just like in the Mags but the Chairperson certainly new her stuff.

[patdavies]

Agreed.

 

I attended one last year. There were three JP's just like in the Mags but the Chairperson certainly new her stuff.

 

Yes, they have special and additional training before being allowed to sit in a Family Court

[Allyxia]

OK back to the orginal point here driving convictions!!

 

See post 24 for new addition to what the following relates to.

 

Went to do producer today and hand driving license in to be sent off for new endorsements.

 

Clerk at station noticed that the offical ticket had the inncorrect registration number details on the document.

 

So whilst OH gave over his details the clerk informed him that although he had signed to accept the fixed pentalty fine and endorsement it was incorrect due to incorrect registration number being written on the ticket and he should seek legal advice before handing over his licence for changing.

 

Any ideas peeps = does this means due to an error he has technically got away with it or does it just mean it is going to drag on even longer whilst the correct paperwork is drafted?

 

What should we do next?

[patdavies]

 

Any ideas peeps = does this means due to an error he has technically got away with it or does it just mean it is going to drag on even longer whilst the correct paperwork is drafted?

 

It either means that he will get away with it, or it will revert to the Magistrate's Court. If the latter, they must lay information with the Court in order to have a summons issued within 6 months of the date of the alleged offence.

 

If it goes to Court, he should argue that through no fault of his own, the FPN could not be processed and that it would therefore be unjust to either increase the fine or allow costs

[Allyxia]

So sit back and wait really then is it?

[oscar21]

Sorry to digress but if you can quite legaly have the points/endorsement removed from your liscence after 4 years then how can you then give the date that you were convicted on if you apply for insurance after 4 years but before 5. Its not upto me to remember such information if I've been told I can remove it. If its removed from your liscence and its non recorded then how would they know anyway.

[Darkangelsdelite]

Thats a good point, I've actually never really understood why we ask for convictions in the last 5 years.....we just do. In regards to not being up to you to remember information, there's 3 words that any insurance company will use to back you into a corner every time " Duty Of Disclosure".

In short, you are obliged to give us any information we ask from you truthfully, if we find out you're telling porkies then we could invalidate your cover. To be fair though, its very rare it comes to that, i often get calls from our claims team asking me to add a conviction to the policy and charge the additional premium so they can continue the claim, but i would still always advise you disclose everything rather than run the risk.